Tinsley Meadows Primary School

TINSLEY MEADOWS PRIMARY SCHOOL

POLICY ON WHISTLEBLOWING

2013/14

Review date: October 2015

Section 1 /

Introduction

/ page 4
Section 2 / Raising concerns / page 9
Section 3 / Dealing with your concern / page 12
Section 4 / The investigation procedure / page 14
Section 5 / If you are dissatisfied / page 17

Appendix 1

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Examples of concerns that may be raised

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page 18

Appendix 2

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Flow chart – reporting concerns through the Whistleblowing Policy

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page 20

Appendix 3

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Flow chart – managing a concern through the Whistleblowing Policy

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page 21

Appendix 4

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Useful contacts

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page 22

CONTENTS

PREAMBLE

This policy provides guidance for staff about how to raise concerns using the Whistleblowing Policy. It states their duty to report concerns whilst providing a framework in which those concerns can be raised. It also provides guidance for Headteachers, Chairs of Governors and line managers on how to manage the investigation of such concerns and the individuals who raise them.

[If you wish to report a concern about the local authority rather than the school, or you are employed by the local authority and are managing a concern made against it, please also refer to the Sheffield City Council Whistleblowing Policy, which is based upon the same principles as this document. This is available from Sheffield City Council Human Resources (0114 27 36924). Whilst the investigation will take place under the terms of that document, employees of Tinsley Junior School and Tinsley Nursery Infant School will still be protected under the terms of this policy.]

The Whistleblowing Policy has been designed for Local Authority maintained schools. Where an establishment which is not maintained but intends to adopt the content or principles of this policy, it is recommended that the establishment takes independent legal advice in order to gain clarity on any implications of the legislation and principles in this document. Any such establishment should also remove the sections highlighted in red, which relate specifically to Local Authority maintained schools.

SECTION 1 INTRODUCTION

The Governing Body of Tinsley Junior School and Tinsley Nursery Infant School adopted this policy for employees of the school on 22/10/13

The Governing Body will review it in 2 years time.

1.1 Introduction

Most of us, during our working life, have concerns about what is happening in the workplace. Usually, these issues are easily resolved – but when they are about unlawful conduct, financial malpractice or dangers posed to people or the environment it can be difficult to know what to do next.

You may be worried about raising such concerns or you may want to keep them to yourself. Perhaps you feel the issue at hand is none of your business or that it’s only a suspicion for which you have little evidence. You may feel that raising the matter would be disloyal to colleagues, governors, the Headteacher or the school. You may decide to say something but find that you have spoken to the wrong person or raised the issue in the wrong way and are not sure what to do next.

1.2 Purpose

This policy is designed to enable you to raise your concerns at an early stage and in the right way. As an employee of the school(s), it is your duty to raise these concerns. The governors believe that helping you to do so is an important part of ensuring that the school is well-run and safe.

Providing the concern is genuine, the school would prefer you to raise it as soon as possible rather than waiting for proof; if it falls within the areas listed below, we ask that you do so using this procedure.

1.3 Application of the Policy

The Whistleblowing Policy is intended to cover genuine concerns that are not covered by other procedures and which you think the schools should look into.

Such concerns include:

·  Unlawful conduct

·  Financial malpractice

·  Causing a danger to children and young people

·  Causing a danger to staff, the public or the environment

·  Contravening the governing body’s policies or the school’s code of conduct

·  Deliberate concealment of any of the above

In Appendix One, we have provided some examples of the kind of issues the governing bodies would consider as malpractice or wrong-doing that could be raised under this policy. This should not, however, be regarded as a complete list – If you are in doubt about any issue, raise it.

1.4 Which concerns do not fall within remit of the policy?

The Whistleblowing Policy is primarily for concerns where the interests of other people or the organisation are at risk. It only applies if you are raising a concern in the public rather than your own individual interest.

If your concern is about your personal position in school or the way you as an individual have been treated, please raise it through the Grievance Procedure. A copy of this procedure is available in school.

Where a concern is raised about an individual or individuals, once the concern has been investigated under the Whistleblowing Policy, there may be a need for further investigation or action. This would take place within the framework of a different policy. Where this is the case, you will be notified that the investigation under the Whistleblowing Policy has ended.

1.5 Your obligation to report concerns

As an employee of the school(s), the code of conduct requires you to report genuine concerns of fraud, theft or unethical behaviour etc. This policy provides you with ways of doing that.

If you are concerned that a young person is at risk of harm, the guidance in the DfE’s Safeguarding Children and Safer Recruitment in Education (2006) document and the Management of Allegations of Abuse (Schools) Policy obliges you to report your concerns. If you are concerned that a young person is being harmed or at risk of being harmed, or you have a concern about a staff member, volunteer or contractor’s suitability to work with children, you should report this using the Management of Allegations of Abuse Policy. If, however, you are concerned that:

·  an individual’s professional practice, or

·  the leadership and/or management of the school, or

·  the school’s policies, procedures and/or ways of working

may be undermining the safety and wellbeing of young people, or leaving them vulnerable to risk, or you are worried about the way in which safeguarding allegations have been managed, you should express these concerns through the Whistleblowing Policy.

1.6 Our assurances to you

Your safety

The governing bodies recognise that the decision to report a concern can be a difficult one to make and the schools are fully committed to the assurances given in this policy. If you raise a genuine concern under the Whistleblowing Policy, you will not be at risk of losing your job or suffering any form of reprisal as a result. The governing bodies will not tolerate harassment, bullying or victimisation and will take action to protect you.

This protection applies not only while you are employed, but also after the working relationship has ended.

Provided you are acting in good faith, it does not matter if you are mistaken. However, if you maliciously raise a matter you know is untrue, disciplinary action may be taken against you in accordance with the school’s Disciplinary Procedure.

Confidentiality

While we will consider anonymous reports, this makes it much more difficult for us to look into the matter or give you feedback. However, the governing bodies recognise that you may wish to raise a concern in confidence under this policy. If you ask us to protect your identity by keeping it confidential, we will not disclose it as part of the Whistleblowing Investigation without your consent.

Please note, however, that the schools will not tolerate the harassment, bullying or victimisation of anyone raising a genuine concern.

Please also note that any confidentiality clause within any other policy, agreement or contract should not prevent you from raising a genuine public interest concern under the Whistleblowing Policy.

Your right to support in meetings

In any meetings that have a connection to your whistleblowing concern, you have the right to be accompanied by your trade union representative or a work colleague (providing they are not involved in the issue and would not be called as a witness).

These meetings might include:

·  A meeting with your line-manager or other appropriate person to raise your concern.

·  A meeting with an investigation officer in connection with the concern.

·  Taking part as a witness in any action taken as a result of raising the concern.

Contact details of trade union representatives can be found in Appendix Four.

1.7 Independent advice

If you are unsure whether to use this policy, or if you want independent advice at any stage, you should contact:

·  Your trade union (contact details for which are provided in Appendix Four)

·  The independent charity Public Concern at Work whose lawyers are available give you free confidential advice at any point in the process. Their helpline is 020 7404 6609.

SECTION 2 – RAISING CONCERNS

2.1 How to report a concern

There are a number of different ways to raise a whistleblowing concern – you can choose the one that suits you. It doesn’t matter which you choose, you can be assured that a named manager will properly consider it.

Whichever way you decide to raise your concern, please ensure that you state that you are doing so under the Whistleblowing Policy. (If at any stage we feel that your concern is a grievance rather than a whistleblowing matter, we will tell you.)

Although you can raise your concern verbally, you may find it easier to do so in writing – this way, you can keep a record of what you reported as well as giving yourself the time to make sure you’ve included all the relevant information.

When reporting your concern, you should provide information about the background and history of your concern. Where possible, you should give names, dates and places and the reason why you are particularly concerned about the situation. If you are a member of a trade union, you may find it helpful to take advice from them about putting your concerns in writing.

There is no reason why you cannot use email to raise a whistleblowing concern. However, if you do choose to use email, please take extra care to make sure that your message is sent to the correct person and consider that due to the nature of email communication it may be read by other people. To help make sure your concerns are seen and handled quickly, mark the subject box: ‘Whistleblowing – confidential – recipient only’.

If, however, you do not wish to put your concern in writing, you can telephone or arrange to meet with the appropriate person.

2.2 Who to contact with your concern

Your supervisor, line manager or Headteacher

If you have a concern which you believe is covered by the Whistleblowing Policy, we hope you feel able to raise it first with your immediate line manager.

This may depend, however, on the seriousness and sensitivity of the issues involved and who you think may be involved in the malpractice.

For example, if you believe that your line manager is involved, you should approach the Headteacher. If you believe the Headteacher is involved, your Chair of Governors should be approached

If the concern is about the governing body or the LA, you can contact one of the named LA officers in Appendix Four. If it is about an employee of the LA, your concern will be investigated under the Sheffield City Council policy rather than the school policy. This is because the schools’ policy only applies to employees of Tinsley Junior and Tinsley Nursery Infant Schools; in the above circumstance, both the subject of the concern and the investigating officer are employed by the Council and are therefore covered by the Council’s policy. The protections set out in this policy will still apply, however, to school employees raising the concern.

The Council Monitoring Officer

If you feel the matter is so serious that you cannot discuss it with the Headteacher, Chair of Governors or one of the named LA officers listed in Appendix Four, you can raise your concern directly with the Council’s Monitoring Officer. (The Monitoring Officer is responsible for ensuring that the Council, its members and its officers carry out their functions in a lawful and ethical manner.)]

External contacts

The schools hope this policy gives you the reassurance you need to raise such matters internally. If, however, you feel unable to raise your concern internally we would much rather you raise the matter with the appropriate agency than not at all. Provided you are acting in good faith and you have evidence to back up your concern, you can contact any of the following:

·  Your local Council member

·  External audit (the Audit Commission – 0844 798 3131 or 0117 975 3131)

·  Relevant regulatory organisations (such as the Department of Education)

·  Your solicitor

·  The police

·  Other bodies prescribed under the Public Interest Disclosure Act. These include, but are not limited to the Information Commissioner’s Office, the Serious Fraud Office, the Environment Agency, the Health and Safety Executive.